DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Packaging Australia Pty Ltd
(AG2015/7561)

PLASTICS WORKERS INTEGRATED PACKAGING KIRRAWEE ENTERPRISE AGREEMENT 2015.

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 DECEMBER 2015

Application for approval of the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Packaging Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Australian Workers’ Union Greater New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Integrated Packaging Australia Pty Ltd applied to the Fair Work Commission for approval of the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2015. The respondent, the Australian Manufacturing Workers' Union, objected to the application on the basis that the agreement did not meet the "better off overall test" (BOOT) as required by the Fair Work Act 2009. The Commission had to determine whether the agreement was in the interests of the employees, whether it was fair, and whether it met the BOOT.

The central issue was whether the agreement was genuinely negotiated and whether it provided the employees with a better overall outcome than if they were to be covered by the relevant award. The Commission noted that the agreement provided for wage increases, additional leave provisions, and improved working conditions, but also introduced changes to shift patterns and reduced entitlements in certain areas. The Commission had to balance these factors to determine if the agreement met the BOOT.

The Fair Work Commission determined that, while some aspects of the agreement did not meet the BOOT, the overall package provided a better outcome for the employees. The Commission found that the agreement was genuinely negotiated between the parties and that it contained provisions that were beneficial to the employees. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees.

The Fair Work Commission approved the Plastics Workers Integrated Packaging Kirrawee Enterprise Agreement 2015. The decision highlights the importance of considering the overall package of an enterprise agreement when determining whether it meets the BOOT. The Commission found that, despite some reductions in entitlements, the overall outcome for the employees was better than if they were to be covered by the relevant award.

Integrated Packaging Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established